Charles E. Boyk Law Offices, LLC
Traffic laws for bicyclists in Toledo apply to all bicycles on public roadways. Some examples of specific bicycle laws in Toledo include that there is no longer a horn requirement for bicycles, generator-style lighting is allowed, and bicycles may have a steady or a blinking rear light. If there is a local law for bicyclists, it cannot be inconsistent with state law.
Traffic laws may be different for bicycle riders than they are for automobile operators. One major difference is that Ohio law says when a motor vehicle overtakes and passes a bicycle, it has to be three feet or greater away from the bicycle. This three-foot law is supposed to prevent potential bicycle and car accidents. For more information about bicycle laws in Toledo, contact an accomplished bicycle accident lawyer today.
An important reason to follow the traffic laws for bicyclists in Toledo is for public safety. Bicyclists do not have the safety of being inside a motor vehicle. If a bicycle falls, gets knocked down, or is involved in an accident, the likelihood is that there is going to be a serious physical injury. Another reason is that a person who breaks the traffic law could be ticketed and charged with a traffic offense. A ticket usually involves an expensive fine and may include other consequences.
Whether a bicyclist was following or was not following the laws could impact an injury case, because if there is a traffic violation, it is usually not admissible in a bicycle accident case. However, the same standard of care that applies to a car or motor vehicle would apply to a bicyclist, meaning the bicyclist and the vehicle has a duty of care towards other vehicles. If someone breaches that duty of care based on the totality of circumstances, they would be liable and responsible for resulting injuries. A seasoned personal injury lawyer could help an injured person assign liability.
Bicycle laws impact a case when the bicycle driver is at fault, because under Ohio law a jury may consider contributory negligence of the bicycle driver. Contributory negligence is when the court will decide if the plaintiff had any fault in the accident and, if so, deduct the percentage of fault from the damages. For example, the plaintiff was 30 percent at fault for the accident and the accident resulted in $5,000 worth of damages, then the plaintiff will only be able to collect $3,500. In order to collect damages, the plaintiff must be under 50 percent responsible for the accident.
If the driver of the car is not at fault and the accident happens on the roadway, the bicyclist could be cited and held responsible. Under Ohio law, there is a good chance that a person could get insurance coverage through the homeowner’s insurance policy that would cover the bicyclist’s liability for any accidents. For more information about traffic laws for bicyclists in Toledo, contact a dedicated attorney today.